HomeMy WebLinkAbout2000 Hyatt, Nelson - Barber St ROWOWNERSHIP' &:ENCUMBRANCE REPORT
Issued by
ATLANTIC COASTAL TITLE CORPORATION
3850 20th Street, Suite 6, vero`Beach,'Florida 32960 Telephone: (561) 569 -4364
ACTC File No: 20038718
Legal Description of Lands Searched:
Parcel A:
The Northeast 1/4 of the Southeast 1/4, LESS the North 6.5 acres, LESS
the South 550 feet as measured North and South lying East of Railroad
right -of -way, and LESS that part lying West of Railroad right -of -way,
and also LESS railroad right -of -way; LESS AND EXCEPT Barber Street
as dedicated in Plat Book 14, at Page 97, of the Public Records of
Indian River County, Florida.
Parcel B:
That part of Government Lot 3, Section 21, Township 31 South, Range
39 East, lying West of US Highway 1, LESS the South 550 feet thereof,
LESS AND EXCEPT Barber Street as dedicated in Plat Book 14, at Page
97, of the Public Records of Indian River County, Florida.
Owner:
Nelson C. Hyatt and Marie Dolores Hyatt, his wife
Tax Information:
Current Year's (1999) Gross Tax Amount: $7,801.31 (Gross Aggregate)
1999 Taxes Are: Unpaid
Assessed Value: $340,440.00
Parcel ID Number: 20 -31 -39 -00000 - 7000 - 00003.0 (Parcel A); and 21-31-39-00000-
0030- 00001.0 (Parcel B)
Open Mortgages, Judgments and Liens:
a) Mortgage in favor of First American Bank of Indian River County (in
the original principal amount of $375,000.00), recorded December 4,
1995 in O. R. Book 1082, at Page 1295; together with Assignment of
Rents recorded in O. R. Book 1082, at Page 1303; as modified by
OER (20038718) Printed April 14, 2000 - Page 1
a
instrument(s) recorded in O. R. Book 1288, at Page 1438; and in O. R.
Book 1313, at Page 2040.
b) Mortgage in favor of First American Bank of Indian River County (in
the original principal amount of $95,000.00), recorded January 21, 1997
in O. R. Book 1136, at Page 981; as modified by instrument(s) recorded
in O. R. Book 1216, at Page 2545; O. R. Book 1256, at Page 2606; O. R.
Book 1298, at Page 337; and in O. R. Book 1313, at Page 2038.
c) Mortgage in favor of First American Bank of Indian River County (in
the original principal amount of $275,000.00), recorded May 1, 1998 in
O. R. Book 1207, at Page 1377; together with Assignment of Rents
recorded in O. R. Book 1207, at Page 1386; as modified by
instrument(s) recorded in O. R. Book 1139, at Page 969; and in O. R.
Book 1313, at Page 2032.
d) Mortgage in favor of Southtrust Bank, N.A., (in the original principal
amount of 25,000.00), recorded on August 10, 1999, in O. R. Book 1288,
at Page 1759; as modified by instrument recorded in O. R. Book 1313,
at Page 2036.
e) Tax Certificate(s) numbered 991739 and 991834, representing
delinquent real property taxes for tax year 1998, remain unredeemed.
f) It is specifically pointed out, that payable real property taxes for the
current or prior year(s) are UNPAID, as noted elsewhere in this
certificate!
Road Reservation Note: Subject land appears to be encumbered by a
TIIF road easement reserved in Deed Book 35, at Page 102 (TIIF Deed
Number 106). These reservations have been partially or wholly released
by instrument recorded in O. R. Book 10, at Page 324.
This is to certify that a careful and diligent search was conducted of the public record of the county in which
the hereinabove land is located, beginning on July 28, 1983 at 8:00 AM and continued through 5:00 PM on
the certificate date given below, and it was found that title to subject land was vested, by virtue of
instrument(s) recorded in O. R. Book 668, at Page 777; and in O. R. Book 1268, at Page 1749 to be as
indicated herein and it appears by virtue of a reference in that instrument (or by a subsequently recorded
instrument), that subject land was encumbered by those mortgages, judgments and liens indicated
hereinabove. Nothing else was discovered during the period searched that appears to remain an
encumbrance on the land. No search for special assessments was made (except for those that were
evidenced by an instrument recorded in the Official Record Books during the period searched).
OER (20038718) Printed April 14, 2000 - Page 2
i�
Certified to Indian River County Attorney as of April 7, 2000 (the "Effective Date ")
ATLANTIC COASTAL TITLE CORPORATION
/ Authorized Signatory
ACTC File No: 20038718
Owner's Name: Nelson C. Hyatt and Marie Dolores Hyatt, his wife
This report does not obligate the Company to insure title to the land described herein, nor does it intend to make any representation
as to the insurability or marketability thereof, or to the authenticity or legal sufficiency of any instrument referred to herein. In
accordance with Section 627.7843, Florida Statutes, this report shall not be interpreted to directly or indirectly set forth or imply any
opinion, warranty, guarantee, insurance, or other similar assurance as to the status of title to the land described herein; and the
Company's liability hereunder in the event of incorrectness is limited to loss actually incurred or $1,000.00, whichever is less; and is
void except as to the person, firm or entity to whom originally issued.
OER (20038718) Printed April 14, 2000 - Page 3
OF
D
TIM IN%TR( MEr4T PR! PARED 8%:
SAMML A. BLOCK, 1180.
BLOCK t TAYLOR, ATTORNLYS AT LAN
2127 TLNTH AVKWM
VLRO BLACH, rL 32960
Parcel 10 N"ber.
Warranty Deed
This Indenture. Aladc this /6 day of April
NELSON C. HYATT, a married man
IN TNf Arrn,,nt nr
Jfirl,(,h
Ct l rth
INl "AN nI V( ll CO.. ! IA
DOCUMENIANY SIAMPs
MUS A29-:50
NUIE i
it f f Rf Y K PARTAN, h ERK
INDIAN RAN tAIINfY
, 1999 At)
of She County of Indian River s stme of Florida
NELSON C. HYATT and MARIE DOLORES HYATT, his wife
wlwsse address is 0725 Lakeside Blvd. , Unit 311, Vero Beach, FL 32963
of the County of Indian River
Between
grantor. . w
"it of Florida . grantee.
W itnesseth that the f IRAN I OR, fiw and in consitkratwrn of the sum of
--------------- - - - - --
TEN DOLLARS 010) ---- ------------- - - - - -- INN3.AR5.
and other good and saluahk considcratwwt to GkANIOK in hand paid by GRANIf. . the rcccipt wherrof is berchy aclwa►kdged. has
RranlcJ, har(tained and sold to the sail GKAN1I 1: mJ GRAW I I X heirs, micccsso s and nsrgns fswescr. ttic 141kmUtg dm-n1w f land. sauatc.
lying and icing in the County of Indian River %Imc 'If Florida 60"i;
PARCEL A: 20- 31 -39- 00000 - 7000 - 00003.0
Northeast 1/4 of Southeast 1/4, Less North 6.5 acres, Less South 550
feet as measured North and South lying East of Railroad Right -of -Nay
and less that part lying Nest of Railroad Right -of -Way and also less
Railroad Right -of -Way; less and except Barber Street as dedicated in
Plat Book 14, Page 97, Public Records of Indian River County,
Florida.
PARCEL 8: 21- 31 -39- 00000 - 0030 - 00001.0
That part of Government Lot 3, Section 21 -31 -39 lying Nest of US 91,
less the South 550 feet thereof, less and except Barber Street as
dedicated in Plat Book 14, Page 97, Public Records of Indian River
County, Florida.
The property herein conveyed DOES NOT constitute the HOMESTEAD •
property of the Grantor. The Grantor's HOMESTEAD address is 6725
Lakeside Boulevard, Vero Beach, FL.
and the erarmor &ws herchy fully Tarrant the tnk to said land, and will dctcnd the samc agamd lawful claims of all pervmt whrwnsocscr
In Witness Whereofolic rant, has hcreunin set his hand and vial the day and ycu Pint shime wrrttcit
Signed, scaled and delivered in our presence:
( /�/,?, >^
Printed Name: 7.4 ;:' NELSON C. HYATY (/ �
Witness P0 Address X714 La6rdde b,wlrNro. Vero peach. W. 32743
Printed Name: b"1112121
Witness
sTATF. OF FLORIDA
COUNTY OF INDIAN RIVER
The Iiwcit-nit ,nsuumcnl wa, silnowlulycd iwhac Inc Iles
NELSON C. HYATT
w4ir n perawully ►miwn I.. me
/G, day ail April '1999 by
Printed Name:
Notary Public • + �'i' tr�r
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t"er ook 5S 7 eted P. 9e 65 der 1 s� Pursuant t
ch ]8 197 . Page .9 ey fie, J And es 1970 and to ;
end Thir� 7 end 35; A1n 1975 a emend rec
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fiecorded i^ pf ent to Tr� in Official Trust corded In Y Amend'nent
cords of 1 Record t
]nd' iclat Record Agree-Dent; Agreement dated
yen River dated j Il o �6541Cc un y F �� �i d Page 0525; all 0 ,',,Page 35;
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/•!t: d �h �. rho /!a one �� err �� 10.00 arad All of the fo �1owln9 deacrl -16th `mod ,u,yl, tp,"°Zndian .4.w, .
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thereof, :5 to Skinner; and el th' Range
i Fast h Pn31 Lot 3g -and tracti o LESSthe9
fn along the r Range 39 oast Govern
own Sout Eaa'nt
West ass St+�te line line thereof LESS the Sout 4, Section
known as State 1StoadhN ine)thereothe S rom t) h5150j feet Noeet extend
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Y No- 1 (also
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%280)2. COUNTY OF INDIAN RIVFII DEEIF NO. 106.
STATE OF F1,0111DA
Ihnn.gh the
TRUSTREN OF THE INTERNAL IMPROVEMENT IDVD OF TIIE STATE OF FLORIDA. GRANTOR
to
t '
•abases Indian River Florida
of the ('iU� s - , (".only of . Slate ..1 CRA.YlF.F.
{NITNF:ti.CF711:
WIIF:RF.AS. In pursuance of Pravl.ion. of Section 9 of Chapter 19296, l.sw. of Firmin. Art. of 1937, title to the land. hereinafter
i described veated in tho Stale of Florida and the mid %lat. by raid `t.•ettnn of said ( -hol ter i• authuriml and empowered to .ell said
fland* through the Trustees of the Internal Improvement Fund of the State of Florida; and
(E) WHEREAS. pursuant to NOTICE, duly given by mid Trusters of the Internal improvement Fund, the land referred to by the
Certificate a hereinafter described was offered for .nle on the )0 day of Sept., , 191 0 , in the
County of Indian River, and bids were received, and lhr said Trustees having arse pted the hlghr,t and host bid for mid tend, and
having awarded the sale of the said land to the person making such bid, said person being the CRANTF,F herein named;
Therefor.
(3) KNOB' ALL MEN BY THESE. PRESENTS: That the Slate of Finrido. through the Trustees of the internal Improvement Fuad
of the State of Florida under authority of Section 9 of Chapter 18299, IA %.% of Flnrida Acte of 1937, for and In consideration of
the amount of ....fte. >;tladrea _T"At7 -T1ve_ III. N01100 - - - - - - - - DOLLARS (3125.00 )
to them In hand paid, the receipt of which is herebv acknneltvteal, have granted, lutrgainrel and sold. and by these presents do
pant, bargain, aril and convey all of the right. title and Interest of the State of Finndn arising out of mid Section 9 of Chapter
is29R, unto the mid GRANTEE, . hIS . heirs. successor. and ensigns. in and to the following describ d tarot. situate, lying and
Being in the Uounty of Indian River, State of Florida, as referred lo, Identified and d-mimd by State and County tax sale cer-
tificates. howl:
Amount
(4) No. Dale DESCRIPTION SFr. TP. Rg. Al. Rwe'd
f
435 9/5/72
2701 9/4/37 Nil or SE} (except N. 6j A and R.R. R/H1, 20 31 39 125.00
RESERVING unto the State of Florida comment for State Raved Right of {Tay Two Hundred (200) feet wide, lying equally on
each side of the center lick of any State Rowl existing on the date of this dyed through so much of any parcel hcreln described m
is within One Hundred (100) feet of said center line.
(6) TO HAVE AND TO HOLD the above granted and described premises unto the mid GRANTEE., and .. h1A . heirs, succes.orn
and assigns forever, all in pursuance of Section 9 of Chapter I"11, aforesaid.
(6) IN TESTIMONY {{'HEREOF the said Trustees of the internal Improvement Fund of the State of Florida havo hereunto sub•
scribed their names. and affixed the official seal of mid Trustees. and have caused the seal of the DeMrtment of Agriculture
of the State of Florida to be hereunto affixtd, at the Capitol, in the City of Tallahassee. on this the ldtb. . - . day of
- wtIT1=b Rr.. . , 1940...
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STATE OF FIA)RIDA
RY:
��99
Yt ,., Ell INTERNAL
brad P. Cone ... .- GOVERNOR DEAL)
IMPROVEMENT FUND
1a,Y. LOS ... ..... COMPTROLLER OILAIJ
X. 0• 1<aOLL „_TREARURER IREALI
.owrae Couper 01bDs 18EAL1
ATTORN /.Y
(REAL)
y�� GENERAL
.Natbta .•.V.•. ..... fR[AL1
DEPARTMENT OI
CuMMIRRtOtrER
AGRICULTURE
nl AGRICULTURE
A...4 C.."in► the
7RI'RTF.KR Or ?fig INTI.RNAL IMPROVEMENT
FUND OF TIIE STATE Or FLORIDA
lb. by artily Iasi th..boa• .a l fot.y.xns V s tees .red *secret
eo */ d tA. orla/a.l .. ni.d fa r•terd tu. ta...9th• .. ..... - _ ..
tip ot .— j�lomb)r...-- ...- ...... A. D. Io u.
............ D000TiO. SAaR a . _
t u.t ('nrfYn 1 ".v n, IM.•n R,.r. C..wnIl.
R.......�. Lli�. . °/r C t� . D.Pty 0.01k.
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TN TfttTMONT NIFRMF the .,ii
TNeteea of thl internal Tgproveweot Fund hire
hnr•unin aubaeribed their nanea
end affixed the nfficial seal ,nf aaid Trwl —s
and hove c %used the Seal of the
Depert —t of Agriculture of the State of Fl,.ridn
to he hereunto %flfixod, at the Capitol,
is the City of Tnllahaasoc, on this
APR 1 R 1957
STATE OF FI.ORFM
SFAI - TRVSTIM TNTEIMAL
7MiTM�17('M FUND
CDNITROI I.F.R
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i TRFASDRF7t
/41--- MTnRN`T rF2,7tAL
- SML - DF.PARTNW B
co�MISSIOY A
' Ac1IcDl.Ti{4E
- AGRICDLTDRf:
`
AS AND CONSTIT0'I Tom' 'ME N'
NAL DfPRovEmm TDND Q T11A STATE. CF FIRMA.
i r .
NO TRANIFIM OR FURTHIR QCUM&RAKCI. Mortgagor covenants and &gross not to sell,
convey, transfer, loan* or further encumber any interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgage*, and any
such sale, conveyance, transfer, lease or encumbrance made without Mortgagee's
prior written consent shall constitute a broach of and default under this
Mortgage and under the Mote. It any person should obtain an interest in all or
any part of the Mortgaged Property pursuant to the execution or enforcement of
any lien, security interest, or other right, whether superior, equal or
subordinate to this Mortgage or the lion hereof, such event shall be doomed to
be a transfer by the Mortgagor and a default hereunder.
RRCRIVIMUIP CLAUSR. That in the went at the begin.{ing of or at any time
pending suit upon this Mortgage, or to foreclose it, or to reform it and /or to co
enforce payment of any claims hereunder, said Mortgages may, at it's option, tV
apply to the court having jurisdiction thereof for the appointment of a Receiver,
such court shall forthwith appoint a Receiver of said Mortgaged Property all and
singular, including all and singular the rents, income, profits, issues and N
revenues form whatever source derived, each and every of which, it being
DOCUMENTARY STAMPS $ /, 3/a so
r Rec.: 11b.:1-0 INTANGIBLE TAX S
s.s.: si -W-1jr- JEFFREY K BARTO LFRK
INDIAN RIVER CDU
0
MORTGAGE
to
t11
CJl
THIS MORTGAGE ("Security A reement -) is
y 9 given on the �';f day of
fV
✓fJ n 1995. The Mortgagor is URLSON C. HYATT. A MARRIZD ADULT
co
(*Borrower"). This Security Instrument is given to FIRST ANKRICAN BANK OF INDIAN
RIVER COUNTY, which is organized and existing under the laws of the State of
Florida, and whose address is 4000 20th Street, Vero Beach, Florida, 32966
('Lender'). Borrower owes Lender the principal sum of THRRZ HUNDRID SIVQITY -FM
THOUSAND DOLLARS (0375,000.00). This debt is evidenced by Borrower's note dated
the same date as thin Security Instrument (*Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on
DICRMA i. 1999, This Security Instrument secures to Lender: (a) the repayment
��pp
of the debt evidenced by the Note, with interest, and all renewals, extensions
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and modifications; (b) the payment of all other sums, with interest, advanced
r"i
under paragraph 6 to protect the security of this Security Instrument; and (e)
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the performance of Borrower's covenants and agreements under this Security
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Instrument and the note. For this purpose, Borrower does hereby mortgage, grant
.9
and convey to Lender, the following described property located in Indian River
=
County, Florida:
N
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That part of the Northeast quarter of the Southeast quarter of
w
1
Section 20, less the North 6.5 acres thereof and less the South 550
feet lying East of the P.E.C. Railway right of way, and less rights
of way for the F.B.C. Railway and U.S. Highway No. 1;
and also,
That part of the Northwest quarter of the Southwest quarter of
Section 21, Township 31 South, Range 39 East, lying west of U.S.
Highway No. 1 right of way, less the South 550 feet thereof.
Less and except that portion in the right of way for Barber Street
(formerly Stratton Avenue) ; all of the above situate in Indian River
County, Florida.
V
Tax I.D. 020- 31 -39- 00000 - 7000 - 00003.0 AND 21 -31- 39- 00000- 0030 - 00001.0
TOGETHER WITH all the improvements now or hereafter erected on the
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property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be
i/
covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the 'Property".
NO TRANIFIM OR FURTHIR QCUM&RAKCI. Mortgagor covenants and &gross not to sell,
convey, transfer, loan* or further encumber any interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgage*, and any
such sale, conveyance, transfer, lease or encumbrance made without Mortgagee's
prior written consent shall constitute a broach of and default under this
Mortgage and under the Mote. It any person should obtain an interest in all or
any part of the Mortgaged Property pursuant to the execution or enforcement of
any lien, security interest, or other right, whether superior, equal or
subordinate to this Mortgage or the lion hereof, such event shall be doomed to
be a transfer by the Mortgagor and a default hereunder.
RRCRIVIMUIP CLAUSR. That in the went at the begin.{ing of or at any time
pending suit upon this Mortgage, or to foreclose it, or to reform it and /or to co
enforce payment of any claims hereunder, said Mortgages may, at it's option, tV
apply to the court having jurisdiction thereof for the appointment of a Receiver,
such court shall forthwith appoint a Receiver of said Mortgaged Property all and
singular, including all and singular the rents, income, profits, issues and N
revenues form whatever source derived, each and every of which, it being
��rc:{ Ir• r� /•
ASSIGNMENT OF AcrR AND RENTS
THIS ASSIGNMENT OF LEASES AND RENTS, made this f" ±' day of
1995, by and between NELSON C. HYATT. hereinafter termed
the Owner /Mortgagor and FIRST AURRICAN RANK OF INDIAN RIVIR COUNTY, hereinafter
termed the Mortgagee /Bank.
W I T N E 5 S E T H:
WHEREAS, the Owner /Mortgagor is indebted to FIRST AMERICAN BANK OF INDIAN
RIVER COUNTY in the total amount of THREE HUNDRED SEVENTY -FIVE THOUSAND DOLLARS
(;375,000.00) as evidenced by a Promissory Note in the original principal amount
of $375,000.00, and secured by a Mortgage of even date herewith in said amount,
recorded in Official Records Book 106)- , at Page 12_U_ Public Records of Indian
River County, Florida; and
ti
l WHEREAS, the Owner /Mortgagor is the fee simple owner of certain real estate
1� situated in Indian River County, Florida, which real estate, together with all
buildings and improvements thereon is encumbered by the above referred to
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Promissory Note and Mortgage and which real estate is described as follows:
That part of the Northeast quarter of the Southeast quarter of Section 20, less
the North 6.5 acres thereof and less the South SSO feet lying Rest of the F.R.C.
'V Railway right of way, and less rights of way for the F.R.C. Railway and O.S.
Highway No. ll
P? and also,
That part of the Northwst quarter of the Southwest quarter of Section 21,
Township 31 South, Range 39 Rest, lying West of O.B. Highway go. 1 right of way,
less the South 550 feet thereof.
G Less and except that portion in the right of way for Barber street (fornarly
Stratton Avanue)i all of the above situate in Indian River County, Florida.
WHEREAS, the Owner /Mortgagor does agree that in the event of default of
either Promissory Note and /or the Mortgage, recorded in Official Records Book
109i7i , at Page {public records of Indian River County, Florida, does hereby
assign, transfer and set over to FIRST AMERICAN BANK OF INDIAN RIVER COUNTY, all
leases and rents due and to become due upon the above described property. The
Owner /Mortgagor does herewith agree that, in the event of such default, said
Bank /Mortgagee shall forthwith notify any tenants of the Owner /Mortgagor of this
Assignment and request all payments of rent shall thereafter be made direct to
FIRST AMERICAN SANK OF INDIAN RIVER COUNTY.
That upon payment in full of the Promissory Notes hersinabove described
from the Owner /Mortgagor to the Bank /Mortgagee in the total amount of THREE
HUNDRED SEVENTY -FIVE THOUSAND DOLLARS ($375,000.00), this ASSIGNMENT OF LF.ASIS
AND RENTS shall automatically be terminated and the leasen and rents thereupon
be reassigned to the Owner /Mortgagor, NELSON C. WIATT.
IN WITNESS WHEREOF, the parties have set their hands and seals this
day of 4 • , 3995.
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BORROWER CDVENDUNTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that
the Property is unencumbered, except for encumbrances of record. Borrower
warrants and will defend generally the title to the Property against c,ll claims
and demands, subject to any encumbrances of record.
THIS BECUR1W INSTR(B@rr combine@ uniform covenants for national use and
non - uniform covenants with limited variations by jurisdiction to constitute a
uniform security instrument covering real property. :a
UNIFORM COVENANTS. Borrower and Lender covenant and agree as followsl
1.
borrow; shall r when due the �
evidenced promptly pay principal of and nterest on the bt �v
by the Mote and any prepayment and late charges due under the Note. A
2. Anolicatien of Payments. Unless applicable law provides otherwise, all O
payments received by Lender under paragraph 1 shall be applieds first, to late to
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ON
JEET"MRREY
CLERK CIRCVIT Cup �•
IND:AN RIVER CG .1.A
POCUMENTARY STA n $ 3 3a 5o
37 SO .
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I.r. ov r,�BIE TlX i 190. D,o
Y K. BMTON, CLERK
MORTGAGE RWER COUNTY
T7NIS 14OWM M (- Security Agreement -) is given on the c'A '� day of
10
�/��d��d 1997. The Mortgagor is NELSON C. WYATT, • arr ad adult
"F.
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f-yrorrwL' ■Security Znstrlwent 1• given to 1ZRST AMERICAN BANK or INDIAN
RIVER COUNTY, which is organised and existing under the laws of the State of
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Florida, and whose address is 6000 20th Street, Vero Beach, Florida, 32966
(- Lender -). Borrower owes Lender the principal sus of NINETY FIVE THOUSAND AND
ca
00 /100 ($9S,000.00). This debt is evidenced by Sorto is note dated the same
data as this Security Instrument (- Note -). which provides for annual payments,
with the full debt, if not paid earlier, due and payable on January 21. 2001.
This Security Instrument secures to Lender: (A) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and
modifications; (b) the payment of all other euma, with interest, advanced under
paragraph 6 to protect the security of this Security Instruments and (c) the
performance of Borrower's covenants and agreements under this Security Instrument
and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
V
to Lander, the following described property located in Indian River County,
Florida:
Be* Attached Exhibit *A*
Tax I.D. 820- 31 -39- 00000- 7000 - 00003.0 (Parcel 1)1 21- 31 -39- 00000 -0030-
N
00001.0 (Parcel 1)1 20- 31 -39- 00000 - 7000 - 00007.1 (Parcel 2)
whicb has the address of 9605 U.B. Highway SZ, Sebastian, FL 32950 (Parcel 1)1
Barber Street and Bristol Street, Sebastian, PL 329S9 (Parcel 2) (- Property'
Address -)1
tll;
TOMMM WITH all the improvements now or hereafter erected an the
property, and all easements, rights, appurtenances, rent., royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the - Property -.
90 TRANSFER OR FURTHER ENCUMBRANCE. Mortgagor covenants and agrees not to sell,
convey, transfer, lease or further encumber any interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgagee, and any
such sale, conveyance, transfer, lease or encumbrance made without Mortgagee's
y
prior written consent shall constitute a breach of and default under this
Mortgage and under the Note. If any person should obtain an interest in all or
any pert of the Mortgaged Property pursuant to the execution or enforcement of
any lien, security interest, or other right, whether superior, equal or
subordinate to this Mortgage or the lien hereof, such event shall be deemed to
Nbe
a transfer by the Mortgagor and a default hereunder.
MORTGAGOR mm cER mss THE ABOVE DESCRIBED pROPaRTY I8 NOT NOM, NOR EVER HAS
BEEN, NOR I8 IT CONTIGUOUS TO THE HOMESTEAD PROPERTY OF THE MORTGAGOR AND THAT
IT 19 NOT SUBJECT TO FLORIDA HOMESTEAD LAMS.
THIS 18 A FIRST MM%1AGE (AS TO PARCEL 2)
7=9 IS A SECOND MORTGAGE (A8 TO PARCEL 1), AND IS SUBJECT AND INFERIOR To THAT
U
CERTAIN FIRST MORTGAGE IN FAVOR or FIRST AmnicAW BANK OP INDIAN RIVER COUNTY IN
THE ORIGINAL PRINCIPAL AMOUNT OF $375,000.00 AND AS RECORDED IN OFFICIAL RECORDS
BOOR 3002, AT PAGE 1295, OF THE PUBIC RECORDS Of INDIAN RIVER COUNTY, FLORIDA.
A DEFAULT IN SAID FIRST MORTGAGE SHALL CONSTITUTE A DEFAULT HEREUNDER,
BORROWER CDVENDUNTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that
the Property is unencumbered, except for encumbrances of record. Borrower
warrants and will defend generally the title to the Property against c,ll claims
and demands, subject to any encumbrances of record.
THIS BECUR1W INSTR(B@rr combine@ uniform covenants for national use and
non - uniform covenants with limited variations by jurisdiction to constitute a
uniform security instrument covering real property. :a
UNIFORM COVENANTS. Borrower and Lender covenant and agree as followsl
1.
borrow; shall r when due the �
evidenced promptly pay principal of and nterest on the bt �v
by the Mote and any prepayment and late charges due under the Note. A
2. Anolicatien of Payments. Unless applicable law provides otherwise, all O
payments received by Lender under paragraph 1 shall be applieds first, to late to
co
1
�} LN 11630036247-66
t+ b
CIN i gyp,
cn
ca
IN THE RECORDS OF
JEFFREY K, BARION
CLERK CIRCUIT COUNT
INDIAN RIVER CO, FLA.
MODIFICATION AGREEMENT
THIS AGREEMENT made and enteral into this 21st Jay of January, 1998, by and between NELSON C. HYATT
and MARIE D. HYATT, hereinafter called the BORROWERS, and i•IRST AMERICAN BANK OF INDIAN
RIVER COUNT', hereinafter called the LENDER, and:
R' f' WHEREAS the LENDER is the holder of that certain Mortgage and Note under date of January 21, 1997 in the
original principal amount of Ninety Five Thotoanl and 00 /100 Dollars ($93,000.00) from BORROWERS to
0 LENDER, mvorded in Official Reumd Book 1136 at Page 0981, Public Records of Indian River County, Florida,
and.
rV
:.i
WHEREAS the principal balance that is outstanding under the terms of the afirodeu•oihed Promissory Note and
Mortgage is Ninety Five Thousand and 00 1100 Dollars (595.000.00), and interest has been paid to January 21,
1998. and:
WHEREAS. It is the intent of the BORROWERS and LENDER to further extend and modify the terms of payment,
and:
NOW THEREFORE for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideratiotaa, the receipts of which is hereby acknwvkdgad. the terms of payment are hereby amended as fiilloows:
w
o
^ The outstanding principal balance of $95.000.00. plus accrued iracreJt at the rate of First American
�a Bank of Indian River County Prime Rate plus 1.00, per annum, from January 21,1998, shall he
to payable in four (4) annual principal payments of $23,750.00, plus accrued interest, beginning
{� January 21, 1999, and continuing on the 21st day of each January thereafter, with the final
�55� 8�jj payment being due and payable ott January 21, 2002.
ALL OTHER TERMS and cortditiotls of tMise certain afiralcscrihrd PromicMtry Note and Mortgage, except those
specifically amended herein, remain unchanged.
BY SIGNING this agreement. the BORROWERS and the LENDER agree to the terms of this Motdification o!k
Extension Agreement.
t IN WITNESS WHEREOF (in this nj__ day of May, 1998.
C
o. BORROWERS:
cblm C Hyau
Wkn5*. GLJG H 5mviii
Wit I
I Marie D. Hyau
Witncm: GLFXA fMJT1t
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7777
-
PIgw By: FIM Aeeriao Bank of
Ramo To lodiaa River Coumy
• 4000 246 Sam
Vero Beach. FL 32960 ;N T.•( ar. . ' 'f
��
• 01650OW4766 AN RrvCR CO.. rLA
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7777
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Sm-&W Hash N.A.
Atta: Sandy Seine
2030 U S Highway 01
2nd Floor
•
Vero Beach, FL 32960
•
7W5 AGREEMl WP made as
NELSON C. HYATT, a marri
BORROWERS. and SOUTH?
WSERF.AS the LENDER b d
Jwjwy 21,1997 from NELSO
FIRST AMERICAN BANK OF
Book 1136 at Page 0981, Public
principal sum of Ninety Five T7
WHEREAS, the principal balm
Note, secured by the aforedescri
1999 and;
WHEREAS, it Is the huent of d
NOW THEREFORE for and it
valuable considerations, the race
follows:
The outstanding
1999, shall be p
123,750.00 plus
29th day of each
The interest rata
i
SouthTrust Baal
rate being 9.50'/
due and payable
interest rate shal
bs
shall never go
equal to SouthTr
purposes of this
N.A. Prime Levu
announced, publ
The interest rate
event of default i
ALL OTHER TERMS AND C
195,000.00, and the mortgage so
Book 1136 at Pam 0981. Public 1
• Rahn to:
Southwest Bank N.A.
r+ Attn: Sandy Seem N TW REOORDS OF
�. 2010 S Highway kl �M(
2nd Floor Ott 111141100, FLA
Vero Beach, FL 3296()
MODIFICATION AGREEMENT
THIS AGREEMENT made and entered into this 29th day of November. 1999 by and between,
NELSON C. HYATT. a married adult and MARIE D. HYATT, his wife, hereinafter called
BORROWERS, and SOUTHTRUST BANK. N.A., hereinafter called the LENDER. and:
WHEREAS the LENDER is the holder of that certain Mortgage and Promissory Note under date of
January 21, 1997 from NELSON C. HYATT, a married adult, and MARIE D. HYATT, his wife, to
FIRST AMERICAN BANK OF INDIAN RIVER COUNTY, LENDER, recorded in Official Record
Book 1136 at Page 0991, Public Records of Indian River County, Florida, and securing the original
principal sum of Nicety Five Thousand and 00/100 Dollan (595,000.00) and;
WHEREAS. certain Mortgage and Promissory Note was modified on September 24, 1999 recorded in
Official Record Book 1298 at Page 0337. Public Records of Indian River County, Florida.
WHEREAS, the principal balance that is outstanding under the terms of the afotedescribed Promissory
Note, secured by the aforedescribed Mortgage is $95.000.00 and interest has been paid to November 29,
1999 and;
WHEREAS, it is the intent of the BORROWERS and LENDER to modify the terms of payment and;
NOW THEREFORE for and in consideration of the sum of Ten Dollars (S 10.00) and other good and
valuable considerations. the receipt of which is hereby acknowledged, the terms are hereby amended as
follows:
The outstanding prtttcipal sum of 595.0(om pitts accrued interest from November 29,
1999, shall be payable on August 3, 2000. Interest shall be payable monthly beginning
January 3. 2000 and each month thereafter until the maturity date.
The Interest Rate shall be one percent (1.00Ys) per annum in excess of the SouthTrust
Base Rate as calculated on a daily moving basis upon the principal balance of the LAM
from time to time outstanding, but in no event to exceed the maximum rate allowable by
Florida law, as amended, or as preempted as prescribed from time to time by the Laws of
the United States of America or any rule or regulation of any department or agency
thereof. The SouthTrust Base Rate shall be that rate of interest established from time to
time by SouthTrust Bank. N.A. as it's SouthTrust Base Rate, as such rate shall vary from
time to time, whether or not such rate shall be other% ise published, and which may not be
neceus ly the lowest or best rate charged by Lender to other borrowing customers. The
Interest Rate shall be calculated on the basis of a 360 day year, actual days elapsed, and
each adjustment shall be effective on the day the change occurs.
ALL OTHER TERMS AND CONDITIONS of that certain Promissory Note in the principal amount of
595,000.00, and the mortgage securing said note, which said Mortgage is recorded in Official Record
Book 1136 at Page 0981, Public Records of Indian River County, Florida, except those specifically set
forth herein shall remain unchanged.
BY SIGNING this agreement. the BORROW,f RS and the L DER agree to the terms of this
Modification & Extension Agreement this day of,( A"4,4 - . 2000.
Signed, scaled and delivered
in the presence of:
(�WUneas 6ANDR R SEF5C
If
Witneu S�A-�NWA- SEESE
BORROWERS:
l/
Nelmm C. I lyam /
Marto 1). Ilystt
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CA
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v M t►uF REpp1bR a
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r4oard and Return TO' Le W
enforce payment of any claims hereunder, said Mortgagee may, at it's option,
PK CI C rT CO
�k a �F M" CIRCUIT COURT
~� LEVER �• Fug
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C— 217 10th Avenue
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singular, including all and singular the rents, income, profits, Issues and
VIRra 8eeW% FL 32900
revenues form whatever source derived, each and every of which, it being
1. 801- R�1 -td00
described in the granting and habendus clauses hereof, and such Aeceivor shall
have all of the broad and affective functions arO powers In anywise entrusted by
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s court to • Receiver and such appointment shall be made by such court as an
'a
admitted equity and matter of absolute right of said Mortgagee, and without
reference to the adequacy or inadequacy of the value of the pruporty mortgaged
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or to the solvency or insolvency of meld Mortgagor and /or of the defendants, and
1
00 ARM
. :.
Rec.t O�IMEl1KtR
E.E., L`tLti7(
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"28 Ii A RALLOat MORTR RIICURM A VARXARti (adjwtablar remseatiabla) RATE
ORLMTI011. AESDIQNO THAT 2= INMAL RATE OF rATIRM MOB TO APPLT FOR TM
�jslR TM OF T= NORTVAOt. = Fa1AL FRI0MAL PAYMMOr OR TRR F XMMA16 SALA ^m
M W= NATmm MOULD n APFROILQTELY $110,000.00, TOW!!• MXT! ACCRM
>�XORRT. IF AMY. AND ALL ADVARCMWWN MAO# BY TQ MOR U&M =on TQ TRRME OF
TRIR MORTOA=. TftE ACTML RALAWR DUR "ON MATURITY MAY van D"ZODINO an
CRA� X71 TM RATR OF IRTEREET.
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MnRTGAGF
r
THIS MORTGAGE (-Security Agreement") is given on the day of
1998. The Mortgagor is NBIS011 C. HYATT. • • NHTSp)
/k/
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A o D. HYATT. his wife, and VILLAGES OF LAKE DOLORES. INC..
a Florida corporation (•Borrower•). This Security Instrument is given to FIRST
AMERICAN BAN► OF INDIAN RIVER COUNTY, which is organized and existing under the
laws of the State of Florida. and whose address is 4000 20th Street, Vero Beach,
Florida, 32966 (*Lender*). Borrower owes Lender the principal sum of TWO HUNDRFD
SRVDM FIVE THOUSAND AND 00 /100 ($275.000.001. This debt is evidenced by
e
Borrower's note dated the name date as this Security Instrument ("Note*). which
NN
provides for monthly payments, with the full debt. if not paid earlier, due and
�.$i•
payable an . This Security Instrument secures to Lender, (a)
the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications; (b) the payment of all other sums, with interest,
advanced under paragraph 6 to protect the security of this Security Instrument;
t.
and (c) the performance of Borrowers covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to Lender, the following described property located
'.
In Indian River County, Florida,
it
See Attached Exhibit 'A•
Tax I.D. 120- 31 -39- 00000 -7000- 00003.0 (Parcel 1); 21- 31.39- 00000 -0030-
s
00001.0 (Parcel 1); 20- 31.39- 00000 - 7000. 00007.1 (Parcel 21
�a
'
which has the address of 9605 U.S. Highway 01, Sebastian, FL 32958 (Parcel 1);
barber Street and Bristol Street, Sebastian, PL 32958 (Parcel 2) ('Property
'
F
Address*);
TOGETHER WITH all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter • part of the property. All replacements and additions *hall also be
covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument on the "Property'.
NO TRANSFIDU OR FURTHER ENCUMBRANCE. Mortgagor covenants and agrees not to sell,
convey, transfer, reuse or further encumber any Interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgages, and any
such sale, conveyance, transfer, lease or encumbrance made without Mortgages -#
prior written consent shall constitute a breach of and default under this
Mortgage and under the Note. If any person should obtain an interest In all or
any part of the Mortgaged Property pursuant to the execution or enforcement of
any lion, security interest, or other right, whether superior, squ,rl or
subordinate to this Mortgage or the lien hereof, such event shall be deemed to
be • transfer by the Mortgago, and a default hereunder.
RECEIVERSHIP CLAUSE. That in the event at the beginning of or at any time
pending suit upon this Mortgage, or to foreclose it, or to reform it and/or to
enforce payment of any claims hereunder, said Mortgagee may, at it's option,
apply to the court having jurisdiction thereof for the appointment of a Receiver,
N
such court shall forthwith appoint a Receiver of said Mortgaged Property all and
0
singular, including all and singular the rents, income, profits, Issues and
revenues form whatever source derived, each and every of which, it being
expressly understood, is hereby mortgaged as If specifically set forth and
described in the granting and habendus clauses hereof, and such Aeceivor shall
have all of the broad and affective functions arO powers In anywise entrusted by
...r
w
s court to • Receiver and such appointment shall be made by such court as an
'a
admitted equity and matter of absolute right of said Mortgagee, and without
reference to the adequacy or inadequacy of the value of the pruporty mortgaged
rl
or to the solvency or insolvency of meld Mortgagor and /or of the defendants, and
i
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a
?"I:i �T�
�wou�M �� oD�FUe.
.eerea�r er r.e�c c swx S>•rec rn.i+'e.rx .vn names -;
THIS ASSIGNMENT OF LBASRS. RENTS. SALES CON WACIS AND DBPOSITS, srde this
AUA day of ARri1. rasa, by and between NELSON C. HYATT. a /k /s NBLSOW HYATT.
Joined by NARIB 0. HYATT. his wife, and VILLAOSS OF LARB DOLORas. INC., a Florida
corporation, hereinafter termed the owner/Mortgagor and FIRST AMERICAN BARK OF
INDIAN RIVER COUNTY, hereinafter termed the Mortgagee /Bank.
W I T N B S S B T Hi
W MUMS, the Owner/Mortgagor is indebted to FIRST AMERICAN BANK OF INDIAN
RIVER COUNTY in the total amount of TWO HUNDRED SEVENTY FIVE THOUSAND AND 00 /100
13275,000.00T as evidenced by a Promissory Note in the original principal amount
of 3275,000.00, and secured by a Mortgage of. even date herewith in said amount,
recorded in Official Records Book IQ-1 at Page __►nj Public Records of Indian
River County, Florida: and
WHEREAS. the Owner/Mortgagor is the fee simple owner of certain real estate
situated in Indian River County, Florida, which real estate, together with all
buildings and improvements thereon is encumbered by the above referred to
Promissory Note and Mortgage and which will be leased to various tenants and
which real estate is described as followat
See Attached Exhibit W
WHEREAS, the Owner /Mortgagor does agree that in the event of default of
either Promissory Note and /or the Mortgage, recorded in Official Records Book
✓ 7 at Page ✓ nj public records of Indian River County, Florida, does hereby
assign, transfer and set over to FIRST AMERICAN BANK OF INDIAN RIVER COUNTY, all
leases and rents due and to became due upon the above described property, and all
future sales contracts and deposits. The Owner/Mortgagor does herewith agree
that, in the event of such default, said Bank/Mortgagee shall forthwith notify
any tenants of the Owner /Mortgagor of this Assignment and request all payments
of rent shall thereafter be made direct to FIRST AMERICAN BANK OF INDIAN RIVER
^_OUNTY.
That upon payment in full of the Promissory Notes hereinabove described
from the Owner/Mortgagor to the Bank/Mortgagee in the total amount of NINETY FIVE
THOUSAND AND 00 /100 1395,000.00!, this ASSIGNMENT OF LEASES, REWTS, SALES
CONTRACTS AND DEPOSITS shall automatically be terminated and the rents, sales
contracts and deposits thereupon be reassigned to the Owner /Mortgagor, NELSON C.
HYATT, a carried adult.
I0 UUITMO WHEREOF, the parties have set their hands and seals this 3
day of 19�.
O a
CA .
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W.
CA
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I= AOMMGW weft and ---P—
A Into this lot 44Y of Dom
•
•
betusish MIUKK C. WIMM a
called the NOMMM and rlRgr
hereinafter called the U012M.
WOM, the LENDER is the holder
Dwwd)w 1, 19" from mc"
or INDIAN RIM CMWrV. recorded
Public Records of Indian
ftamissocy Note in the original
HYATT and MRRIZ D. NUTT, andi
*EMS, the principal balance
Married Adult and MUM D. M
MERICAM MW Or INDIA
ards
of that certain Mor
C. myATr, a Married Adult to rX
In official Anowd Back 10
River Oxinty. r1orlds securb
principal min of $375,000.0
that In outstanding under I
ftudescry Nobs, secured by the afaradescribed mortgage
interest has bow paid to Decarber 1, 1996, ands
WZREAS, it Is the intent of the BMMM and U2CCR to
bm:mw of payment, ands
NM for and In consideration of the am at 74m
other good and valuable considerations, the receipts
adwmlodged, the tmw of payment are hereby ormWW as
The principal am of $375,000.00 is to be payable
installwints each in the mount of $93,750.00 plus
Dwerber 1. 1997 and continuing on the lst day
thereafter to and including the Is day of December,
ALL OnMR 7MM and conditions of that certain Pradaw
principal amaint of $375,000.00, and the VArtgogs NoMwIN
said N=tg*W in recorded in Official Record Book at
ftowds of Indian River County, Florida, except those
heroin remain unchanged.
is
extu
DoV
of
foM
in
in
of
2000,
Ps
spec
BY BIMM this agrammot, the
this Nbdiflcation 6 Extension Agreement.
Signed, so" and delivered
in the p-- er,e oft
Au iW-
WW OM and the *AXR agree
BON
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-f
"61AMC. "Yett
0- dF
Wis D. Hyatt
Retrrn te:
Southwat Bank N.A.
Attn: Sandy Seese
2050 U S highway 0l
2nd Floor
S I Vero Beach, FL 32960
MODIFICATION AGREEMENT
IN THE RECORDS OF
JEFFREY K BARTON
CLERK CIRCUrr COURT
INDIAN RNER 00, f !.�.
THIS AGREEMENT made and entered into this I I th day of December. 1999 by and between,
NELSON C. HYATT, a married adult and MARIE D. HYATT. his wife, hereinafter called
BORROWERS, and SOUTHTRUST BANK, N.A., hereinafter called the LENDER. and.
WHEREAS the LENDER is the holder of that certain Mortgage and Promissory Note under date of
April 30, 1998 from NELSON C. HYATT. • married aduh, and MARIE D. HYATT. his wife, to
SOUTHTRUST BANK. N.A.. which is a national banking corporation. LENDER recorded in Official
Record Book (iglu Page 1377Public Records of Indian River County. Florida and securing the original
principal sum ofTWO HUNDRED SEVENTY - FIVE THOUSAND and DOl100 Dollars
(5273400,00) and;
WHEREAS, the principal balance that is outstanding under the terms of the aforedescribed Promissory
Note, secured by the aforedescribed Mortgage is $275.000.00 and interest has been paid to December 11.
1999 and;
WHEREAS. it is the intent of the BORROWERS and LENDER to modify the terms of payment sad;
NOW THEREFORE for and in consideration of the sum of Ten Dollars (S 10.00) and other good and
valuable considerations, the receipt of which is hereby acknowledged, the terms are hereby amended as
follows.
The outstanding principal sum of 5275,000.00 plus seen eed interest from December 11.
1999, shall be payable on August 3. 2000. Interest shall be payable monthly beginning
January 3, 2000 and each month thereafter until the maturity date.
The Interest Rase shall be ow sail one ball percent (140%) per annum in excess of the
SouthTrust Base Rate as calculated on a daily moving basis upon the principal balance of
the Loan from time to time outstanding, but in no event to exceed the maximum rate
allowable by Florida law, as amended, or as preempted as prescribed from time to time by
the Laws of the United Sates of America or any rule or regulation of any department or
agency thereof. The South'frust Base Rate shall be that rate of interest esablished from
time to time by SoutliTrust Bank. N.A. as is SouthTrust Base Rate, as such rate shall vary
from time to time, whether or not such rate shall be otherwise published, and which tray
not be necessarily the lowest or best rate charged by Lender to other borrowing customers.
The Interest Rate shall be calculated on the basis of s 360 day year, actual days elapsed.
and each adjustment shall be effective on the day the change occurs.
ALL OTHER TERMS AND CONDITIONS of that certain Promissory Note in the principal amount of
5273,000.00, and the mortgage securing said note. which said Mortgage is recorded in Official Record
Book at Page . Public Records of Indian River County, Florida. except those specifically set forth
herein shall remain unchanged.
BY SIGNING this agreement, the BORROWER$ and the L.ENUR agree to the terms of this
Modification & Extension Agreement this IZ5�'-day of J 2000.
Signed. sealed and delivered
in the presence of'.
fitness SANDRA R ,if a
Witness I.& /,-
Witness ANDRA EESE
OWERSt
l
Nelson C. Hyan
Marie D. I lyatt
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CA
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TOGETHER WITH all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be
covered by this security Instrument. All of the foregoing is referred to in this
Security Instrument as the *Property*.
no TRAMSM OR PORTXZR 3XeMORAMCS. Mortgagor covenants and agrees net to sell,
convey, transfer, lease or further encumber any interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgagee, and Say
such sale, conveyance, transfer, lasso or encumbrance made without Mortgagees
prior written consent shall constitute a breach of and default under this
Mortgage and under the Mote. If any parson should obtain an Interest In all or
any part of the Mortgaged Property pursuant to the execution or onforessont of
any lion, security interest, or other right, lwhether superior, equal or
subordinate to this Mortgage or the lien hereot, such went shall be doomed to
be a traaafer by the Mortgagor and a default hereunder.
Rtc:tlVtamp CUMS[. That in the event at the beginning of or at any tins
pending suit upon this Mortgage, or to foreclose it, or to rotors it and /or to
enforce payssnt of any claims hereunder, said Mortgage* nay, at it's option,
apply to the court having jurisdiction thor*of for the appointment of a Receiver,
such court shall forthwith appoint a Receiver of said Mortgaged Property ail and
singular, including all and singular the rents, income, profits, issw* and
revenues form whatever source derived, each and every of which, it being
is
N
m
J
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• THIS M7RDGAGE IS SUBJECT TO ALL OUTSTANDING MORIXAGES FOR THE
MORTGAGORS TO THE MJRrGAGEE ENQ*90TJ G THE COLLATERAL RW ESTATE.
c
Llthtrust DDCUMENTARYSTAIAPS= g7 so
RESRIN TO- Bank, N.A. JEFF r ON
2050 U S Hwy 11 CL MM �AOa.0
j) 2nd Floor TAX S0. so
INTANGIBU
'{ vero Busch, FL 32960
)[ I VREY K ix�nc
INDIAN RIVE
;'
OD
MORTGAGE
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THIS MDRTMOR (- Security Agreement -) is given on the 26th day of
....July...... . 1999. The Mortgagor is MCACK C. HYATT, A MARUM AD=
(- Borrower -;. This Security Instrument is given to .....SQII1fCFIST BANK, N.A...
............, which is a national banking. cot poration ........................
Florida, and whose address is 2050 U.S. Hwy #l, Vero Beach, Plorida, 32960
(- Lender -1. Borrower owes Lender the principal sum of TWENTY -FIVE THOUSAND and
no /100.. .($25,000.00)......... This debt is evidenced by Borrower's note dated
the same eau.. .s this Security Instrument (`Note,), which provides for monthly
�t
payments, with the full debt, if not paid earlier, due and payable on
Nwtnbur 29, 1999 This Security Instrument secures to Lender: (a) the repayment
of the debt evidenced by the Note, with interest, and all renewals, extensions1.
and modifications; (b) the payment of all other sums, with interest, advanced
under paragraph 6 to protect the security of this Security Instrument; and (c)
C
the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant
and convey to Lender, the following described property located in Indian River
County, Plorida:
to
That part of the Northeast quarter of the Southeast quarter of
Section 20, less the North 6.5 acres thereof and less the South SSO
feet lying East of the P.S.C. Railway right of way, and leas rights
of way for the P.L.C. Railway and U.S. Highway No. 1;
and also,
That part of the Northwest quarter of the southwest quarter of
Section 21, Township 31 South, Range 39 Mast, lying west of U.S.
Highway No. 1 right of way, less the South SSO feet thereof.
Ltm aid tmDPt diet oxteun vml ustahr nQe eptc-ifically dmwlhd In "OHM A- atladYtd.
Less and except that portion in the right of way for Barber street
(formerly Stratton Avenue); all of the above situate in Indian River
County, Florida.
Tax I.D. s20- 31 -39- 00000 - 7000 - 00003.0 AND 21- 31 -39- 00000 - 0030 - 00001.0
TOGETHER WITH all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be
covered by this security Instrument. All of the foregoing is referred to in this
Security Instrument as the *Property*.
no TRAMSM OR PORTXZR 3XeMORAMCS. Mortgagor covenants and agrees net to sell,
convey, transfer, lease or further encumber any interest in or any part of the
Mortgaged Property without the prior written consent of the Mortgagee, and Say
such sale, conveyance, transfer, lasso or encumbrance made without Mortgagees
prior written consent shall constitute a breach of and default under this
Mortgage and under the Mote. If any parson should obtain an Interest In all or
any part of the Mortgaged Property pursuant to the execution or onforessont of
any lion, security interest, or other right, lwhether superior, equal or
subordinate to this Mortgage or the lien hereot, such went shall be doomed to
be a traaafer by the Mortgagor and a default hereunder.
Rtc:tlVtamp CUMS[. That in the event at the beginning of or at any tins
pending suit upon this Mortgage, or to foreclose it, or to rotors it and /or to
enforce payssnt of any claims hereunder, said Mortgage* nay, at it's option,
apply to the court having jurisdiction thor*of for the appointment of a Receiver,
such court shall forthwith appoint a Receiver of said Mortgaged Property ail and
singular, including all and singular the rents, income, profits, issw* and
revenues form whatever source derived, each and every of which, it being
is
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EXHIBII
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COMMENCING
AT THE SOLITHEAST 6ORNER' OF '
RANGE
39 EAST IN / ••
INDIAN
40orn to:
Southuust Bank N.A.
(l
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IN THE r1E0ows OF
2030 U S I lighway #I
dEFFMI K SAMON
2nd Floor
t�wc CVKW AOURT
Vero Beach, FL 32960
*90" NvER Fail
MODIFICATION AGREEMENT
THIS AGRLF.MENT nudo and entered Into this 29th day of November. 1999 by and betwoen,
NELSON C. HYATT. a married adult and MARIE D. HYATT, his wife. hereinafter called
BORROWERS. and SOUTHTRUST BANK, N.A.. hereinafter called the LENDER. and;
WHEREAS the LENDER is the holder of that certain Mortgage and Promissory Now under data of July
26, 1999 from NELSON C. HYATT. a married adult. and MARIE D. HYATT, his wife, to
SOUTHTRUST BANK. N.A.. which is a national banking corporation. LENDER. recorded in Official
Record Book 1288 at Page 1759, Public Records of Indian River County. Florida, and securing the
original principal sum of TWENTY- FIVE THOUSAND and 001100 Dollars (S2S,000.00) s>•dl
WHEREAS, the principal balance that is outstanding under the terms of the aforedescribed Promissory
Now, secured by the aforedescribed Mortgage is $24,993.16 and interest has been paid to December 26,
1999 and;
WHEREAS. it is the intent of the BORROWERS and LENDER to modify the terms of payment and;
NOW THEREFORE for and in consideration of the sum of Ten Dollars (510.00) and other good and
valuable considerations, the receipt of which is hereby acknow ledged. the terms are hereby amended as
follows:
The outstanding principal stun of $24.993.16 plus accrued interest from December 26,
1999, shall be payable on August 3.2000. Interest shall be payable monthly beginning
January 3. 2000 and each month thereafter until the maturity date.
The Interest Rate shall be out percent (1.00%) per annum in excess of the SouthTrust
Base Raw as calculated on a daily moving basis upon the principal balance of the Loan
from time to time outstanding, but in no event to exceed the maximum raw allowable by
Florida law, as amended, or as preempted as prescribed from time to time by the Laws of
the United States of America or any rule or regulation of any department or agency
thereof. The SouthTrust Base Rate shall be that rate of interest established from time to
time by SouthTrust Bank, N.A. as it's SouthTrust Base Rate, as such rate shall vary from
time to time. whether or not such rate shall be otherwise published, and which may not be
necessarily the lowest or best rate charged by Lender to other borrowing customers. The
Interest Rate shall be calculated on the basis of a 360 day year, actual days elapsed, and
each adjustment shall be effective on the day the change occurs.
ALL OTHER TERMS AND CONDITIONS of that certain Promissory Note in the principal amount of
525.000.00, and the mortgage securing said note, which said Mortgage is recorded in Official Record
Book 1288 at Page 1739, Public Records of Indian River County, Florida. except those specifically set
forth herein shall remain unchanged.
BY SIGNING this agreement. the BORROWERS and the L DER agree to the terns of this
Modification A Extension Agreement this }' day of � 2000.
Signed, sealed and delivered
Fpresence of: ss NO
itriess BANG
(Al A u.`-7)t4'4 /L'
Witness
BO OWERSr
Nelson C Hyan
Marie u. Ily.n
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CA
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OFFICE 41F TEE CITY ATT401IN13 '
MEMORANDUM
To: Sally Maio,leqy City Clerk
From: Rich Stringer
Date: August 29, 2000
Re: Nelson Hyatt dedication of Barber Street R -O -W
Enclosed for filing are documents completing the Agreement Between the City of
Sebastian, Indian River County and Nelson Hyatt Dated January 14, 1997, as modified
April 26, 2000.
Thank you for your assistance with this matter.
OFFICE
TT401INE1
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589 -5330 El FAX (561) 589 -5570 August 29, 2000
William G. Collins, II, Esq.
Indian River Deputy County Attorney
1840 25th Street
Vero Beach, FL 32960
re: Hyatt dedication; Barber Street R -O -W
Dear Mr. Collins:
To wrap -up this matter please find the following certified enclosures:
6/28/00 minutes reflecting acceptance of dedication
Deed of dedication referenced in said minutes
Ordinance 0 -00 -18 abandoning former right -of -way.
The executed Settlement Statement is also included.
Please let me know if I may be of further assistance in this matter.
Respectfully,
Rich Stringer
City Attorney
SETTLEMENT STATEMENT
DUE FROM DEVELOPER
Costs associated with Developer transferring
title of realigned portion of Barber Street to City
title search ....... ............................... 80.00 80.00
recording fee
(warranty deed - 4 pgs) ..................
19.50
(partial release of 1 st mtg - 4 pgs) ...
19.50
(partial release of 2nd mtg - 4 pgs) ...
19.50
(partial release of 3rd mtg - 4 pgs) ....
19.50
(partial release of 4th mtg - 4 pgs) ....
19.50 97.50
documentary stamps
warranty deed ( 5,495 x $.70) .......... 3,846.50
partial release of 1 st mtg ............... .70
partial release of 2nd mtg ............... .70
partial release of 3rd mtg ................ .70
partial release of 4th mtg ................ .70 3,849.30
TOTAL DUE FROM DEVELOPER $4,026.80
To comply with paragraph 3 of the 1/14/97 Developer's Agreement that
deed will be at no cost to CITY or COUNTY, DEVELOPER agrees traffic
impact fee credits will be reduced by $4,026.80.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
William G. Collins II
Deputy County Attorney
COUNTY
CIT Z)V,A��
TIAN
By
printed name: ; c
title A,-{^ b r,t y
CITY
Nelson C. Hyatt
�( - mo —
Marie Dolores Hyatt
DEVELOPER
P
Telephone: (561 ) 567 -8000
OFFICE OF
COUNTY
ATTORNEY
County Attorney
William G. Collins II
Deputy County
Attorney
Terrence P. O'Brien
Assistant County
Attorney
Telephone:
Ext. 1424
Suncom:
224 -1424
FAX.
(561) 770 -5095
e -mail:
ircattorney@bcc.co.
indian- river. fl.us
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
June 19, 2000
Rich Stringer, City Attorney
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
Re: Right -Of -Way Dedication: Barber Street Re- Alignment Between FEC
Railroad and U.S. 1 from Hyatt to the City of Sebastian
Dear Mr. Stringer:
In accordance with paragraphs 1, 2 and 3 of the Agreement between the City of
Sebastian, Indian River County, and Nelson C. Hyatt and Marie Dolores Hyatt
dated January 14, 1997, the Hyatts have dedicated the Barber Street re-
alignment between the FEC Railroad and U. S. 1 to the City of Sebastian as
evidenced by the enclosed Warranty Deed, recorded on June 7, 2000 in O.R.
Book 1337, at Page 0788 of the Public Records of Indian River County, Florida.
Title work on the referenced property was performed and four mortgages were
partially released as they pertain to the property. Enclosed for your records are
the four recorded Partial Releases, along with a copy of the title work. Current
year taxes (1999) have been paid, and tax certificates referenced in the title work
have been redeemed.
In an attempt to conclude this matter, a few loose ends remain, namely:
1. The enclosed Settlement Statement requires the signature of the City's
authorized representative.
2. A resolution of the City Council formally accepting the dedication should
be placed on the Council agenda for approval.
3. If not already taken care of, paragraphs 4 and 5 of the Agreement need to
be addressed.
Rich Stringer, City Attorney
CITY OF SEBASTIAN
June 19, 2000
Page 2
Once the Settlement Statement has been properly signed by the City, and a
resolution passed to formally accept the right -of -way dedication, please
send a copy of both the Settlement Statement and resolution to this office
so that we can prepare a resolution of the Board of County Commissioners
to cancel the 2000 property taxes on the portion attributable to the right -of-
way.
Yours truly,
W-,q &47' �
William G. Collins II
Deputy County Attorney
WGC /nhm
Enclosures
•
96DORY
AN AGREEMENT BETWEEN FILE
CITY OF SEBASTIAN, FLORIDA,
INDIAN RIVER COUNTY, FLORIDA
AND
NELSON HYATT
For Constructing Improvements to Barber Street
between FEC Railroad and US 1
THIS AGPXXMWT, made this 1141 day of Q , 19991, by and
between INDIAN RIVER COUNTY, a political subdivision f the State of
Florida, 1840 25th Street, Vero Beach, Florida, 32960, hereafter called
"COUNTY ", the City of Sebastian, a municipality within Indian River
County, 1225 Main Street, Sebastian, F1. 32958, hereafter called "CITY"
and Nelson C. Hyatt, 9605 S. US 1, Sebastian, FL. 32958 -6363 hereafter
called "DEVELOPER ", and his heirs or assigns,
WITNESSETH:
WHEREAS, the DEVELOPER has constructed a two -lane roadway between
Sebastian Highlands Subdivision, Unit 17 (Bristol Street) and US 1 along
Stratton Avenue Extension, also known as Barber Street Extension,
hereafter called PROJECT #1, and
WHEREAS, the DEVELOPER is requesting Traffic Impact Fee Credits for
PROJECT #1, and
WBFIZMS, the COUNTY, CITY and DEVELOPER, in conjunction with the
construction improvements of the Villages of Lake Dolores, Inc. a
manufactured home park, located along the west side of US 1 along Barber
Street in the City of Sebastian, F1, propose to provide needed right -of-
way, construct roadway relocation, drainage, utility relocation and
easement abandonment and related improvements to Barber Street Extension
(PROJECT #1) along the east 600' for its proper alignment with Pelican
Point driveway, hereafter called PROJECT #2; and
WHEREAS, the COUNTY and the CITY wish to cooperate with the
DEVELOPER by providing additional surveying, engineering and construction
services for PROJECT # 2; and,
WHEREAS, the COUNTY has requested that the DEVELOPER provide right -
of -way and building relocation services for the construction of PROJECT
#2 at no additional cost to the COUNTY and CITY beyond the Traffic Impact
Fee Credit proposed for PROJECT #1;
NOW THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the COUNTY, CITY and DEVELOPER agree as
follows:
PROJECT #2 - Relocate Barber Street between FEC Railroad and US 1
1. The DEVELOPER agrees to dedicate right -of -way and deed all
roadway improvements on Barber Street as described in PROJECT
#1 as approved by COUNTY and CITY. Compensation to the
DEVELOPER shall be by Traffic Impact Fee Credit applied to
property described in Attachment "A ". The amount of Traffic
Impact Fee Credit is as follows:
Right -of -Way $294,688.50
Roadway - $254,724.00
Total $549,412.50
2. The COUNTY will survey, engineer, and construct PROJECT #2 at
no cost to the DEVELOPER. The design shall be mutually
agreeable between the three parties to this Agreement.
3. The DEVELOPER will deed to the CITY the needed right -of -way to
relocate the east 600' of Barber Street Extension at no cost
to the CITY or COUNTY.
4. Once all engineering, permitting and right -of -way acquisition
is complete, the COUNTY will construct the improvements for
PROJECT #2. After the road relocation construction is
complete, the CITY will proceed to vacate the east approximate
C': \WF'WIlIGiJ \COIITRACT1PdHYATT. DE'✓ 1
600' of PROJECT #1.
5. The CITY will permit driveway connection to the remaining
parcels along Barber Street Extension at an appropriate
location not less than 330' west of US 1.
6. The COUNTY shall relocate the 8" PVC sanitary sewer force main
and other utilities located in the easement lying north of and
parallel to Barber Street Extension, to the new right -of -way.
7. The COUNTY shall obtain the abandonment of a portion of the
easement (east 600 LF ±) in which the existing utilities lie
after relocation.
IDT WITNESS WL=oy, the CITY, COUNTY and DEVELOPER has caused these
presents to be executed in their names, the day and year first above
written.
Signed, sealed and delivered
in the pr senc of:
By
Printed name mrreuce P o,15Yfeu
B
Pri t d name • --J-PcMGS \)J_:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NELSON C. HYATT
By
Printed name: Nelson C. /Hyatt
Title: President of Villages of
Lake Dolores, Inc. and as
Individual
a P, The foregoing instrument was acknowledged before me this I 0 day of
1996 by Nelson C. Hyatt personally known to me or who has
roduced K �; p�P as identification.
NOTARY PUBLI
rn
Printed name:
Commission No. CC- -1jQ7Lj1j9
State of Florida at Large
My Commission Expires:
BOARD OF COUNTY COMMISSIONERS
/e �2,CA-t:�
RO N K. EDGE CHAIRMAN
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
personally appeared CAP O%G � "' L-
Before me ersonall a as Chairperson of the Board
of County Commissioners, to me well known and known to be the person
described in and who executed the foregoing instrument, and acknowledged
before mete executed same. 4
WITNESS my hand and official seal this L2 day of
NOTARY PUBLIC:
� . y *
PATRICIA L. JONES
Printed name : . Mr COMMiS&ON
# c CM12 E)MRES
Commission No. `%;'.... Febru°gjw ,�
R - awn Tft TROY FAIR Its Rq0 INC
State of Florida at Large
My Commission Expires:
Approved as to form and
lega suffi ien y
Terry O'Brien,
Asst. County Attorney
Approved for Public Works
Matters:
"` ^ Indian
tJes W. Davis, P. E Works Director Budget ---�'
Legal
Risk Managament
Department
:NWI ✓WIII-;0 \(X)IITRACT11MYATT.DE'✓
CITY OF SEBASTIAN
L uise Cartwright, ayor
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Louise Cartwright, as Mayor of the City of
Sebastian, to me well known and known to be the person described in and
who executed the foregoing instrument, and acknowledged before me he
executed same.
WITNESS my hand and official seal this �� day of i /� 1996.
NOTARY PUBLIC: C ✓ /J )n„
Printed name: Q/p
SALLY A. MAIO
Commission No. OC 5(d l iJq : := IKV COMMISSION rCCaoIna
State of Florida at Large =' E)PIRES: October 5, IM
My Commission Expires: /0 /s /9�' �t n TMNoWyPmuc wan
Approved as to form and
legal sufficiency
City Attorney
Approved for City Matters:
Tom Frame,
City Manager
C: \I9F'WIIIC-O \CONTRACT \tIHYATT.DEV 3
Attachment A
Legal Description
The south 3/4 of the southwest 1/4 of the southeast 1/4 of Section
20, Township 31 south, Range 39 east;
AND ALSO:
The southeast 1/4 of the southeast 1/4 of Section 20, Township 31
south, Range 39 east, lying west of the Florida East Coast Railroad
Right -of -Way:
AND ALSO:
The west 1/2 of the southeast 1/4 of the northwest 1/4 and the
northeast 1/4 of the southeast 1/4 of the northwest 1/4 of Section
29, Township 31 south, Range 39 east, except the following two
parcels of land and road right -of -way:
1. Beginning at a point 25 feet east of the northwest corner of
the southeast 1/4 of the northwest 1/4 of Section 29, Township
31 south, Range 39 east, run east 147 feet, thence run south
150 feet, thence run west 147 feet, thence run north 150 feet
to the point of beginning.
2. Beginning at a point 25 feet east of the southwest corner of
the southeast 1/4 of the northwest 1/4 of Section 29, Township
31 south, Range 39 east, thence run north 50 feet, thence run
east 100 feet, thence run south 50 feet, thence run west 100
feet to the point of beginning.
AND ALSO:
The west 1/2 of the northeast 1./4 of Section 29, Township 31 south,
Range 39 east.
AND ALSO:
That part of the northeast 1/4 of the southeast 1/4 of Section 20,
Township 31 south, Range 39 east. Less the north 6.5 acres
thereof, and less the south 150 feet lying west of said F.E.C.
Railroad Right -of -Way, the south 550 feet lying east of the said
F.E.C. Railroad Right -of -Way and rights -of -way for the said F.E.C.
Railroad and U.S.Highway No. 1:
AND ALSO: '
That part of the northwest 1/4 of the southwest 1/4 of Section 21,
Township 31 south, Range 39 east, lying west of the U.S. Highway
No. 1 right -of -way, less the south 550 feet thereof
All the above lying in Indian River County, Florida.
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ARMFIELD- WAGNER APPRAISAL & RESEARCH, INC.
PETER D. ARMFIELD. MAI, SRPA
RICHARD L. WAGNER, MAI
DANIEL D. FULLER, MAI. SRPA
March 13, 1991
Mr. Nelson Hyatt
Park Place Mobile Home Park
1000 Stratton Avenue
Sebastian, Florida 32958
Dear Mr. Hyatt:
1940 10TH AVENUE, P.O. BOX 791
VERO BEACH. FLORIDA 32961.0791
TELEPHONE (407) 562 -0532
FAX 407-778-1121
As requested, we have inspected the subject property which
consists of road right -of -way for Stratton Avenue located
between U.S. Highway #1 and Bristol Street in the City of
Sebastian, Florida. This is for the purpose of providing you
with an appraisal of the Market Value of the fee simple interest
to this property as of February 13, 1991.
The property is physically described in the following report of
89 pages and an Addendum of 9 pages which explains the analysis
of data upon which our value estimate is based. The opinions
expressed in this report and the value conclusion reported
below are subject to the limiting conditions on pages 1 and 2.
No deduction is made for physical depreciation of the road
improvements. Thus, the value reported for the road improvements
is considered to be a limited appraisal valuation.
Based on the analyses presented in this report, it is our
opinion that the Market Value of the fee simple interest to the
property appraised on February 13, 1991 is:
Land
Parcel #1 $192,235
Parcel #2 $ 32,960
Parcel #3 70,597
Total
Road Improvements
Total
$295,792
$254,724
$550,516
We believe the report to be complete, but any questions you may
have are welcomed.
VT,PDA /kst #558
91
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,roe Ma may.• ¢�) i o' 4075 YIkGIHIA AYE. FT. PIERCE, FLORIDA 34981
or�F, //577 4 (407) 461 -8084 (407) 8T8 -6178
L
9
MODIFICATION OF AN AGREEMENT BETWEEN
THE CITY OF SEBASTIAN, FLORIDA,
INDIAN RIVER COUNTY, FLORIDA,
AND
NELSON HYATT
DATED JANURY 14, 1997
For Constructing Improvements to Barber Street
between FEC Railway and US 1
The above -cited agreement between the parties is hereby modified
to identify as "Developer" within the terms and meanings of the Agreement, not
only Nelson C. Hyatt, but also Marie Dolores Hyatt, his wife. All benefits and
burdens of the Agreement shall henceforth inure to both individuals as
"Developer".
This Modification shall be effective upon filing with the Clerk of the
Circuit Court of Indian River County.
IN WITNESS WHEREOF, the City, County and Developer have
caused these presents to be executed in their names, the day and year stated
below.
Signed, sealed and delivered
in the presence of:
witness signature:
printed name:!./`.'
ame: !./''-
witness signatuare:. "" �� Itl3kr
printed name:,:�U'Ae A L. kj& -etr7-
Signed, sealed and delivered
in the presence of:
witness signature:: t- '
printed name:
witness signatuare.
printed name: L LJ4i . it%
3 /29100LEGAL(WGC /nhm) 1
NELSON C. HYATT
Nelson C. Hyatt, Presid6Kt of
Villages of Lake Dolores Inc. and
as Individual
Date: �' -
�J G.'
MARIE DOLORES HYATT
Marie Delores Hyatt
Date: -3
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this 9/ day of
7raAc-,. , 2000, by Nelson C. Hyatt, President of Villages of Lake
Dolores, Inc., a Florida corporation, on behalf of the cor or tion and
individually. He is either personally known to me or produced k4-0 t/ 11UL -e-
as identification and did not take an oath.
« cc cc<«« «c «ccccc«c « « <c «c<ccc<c«<cccc<cc <
,:o: :, •. Sandra L. Wright
• Notary Public, State of Florida
CotnmiSSi0n No. CC 553043 <
My Commission Exp. 5,30/2000 (
• bonded Through Fla. Noisy Sm•ice,1F Bonding Co.
PRINTED SEAL:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NOTARY PUBLIC
signature: ,
printed name:
Commission No.:
Commission Expiration:
The foregoing instrument was acknowledged before me this 314'Cday of
/)?c" c k_ , 2000, y Marie Dolores Hyatt who is either personally known to
me or produced 41A LW- as identification and did not take an oath.
Ll
NOTARY PUBLIC
signature.
printed name:
Commission No.:
Commission Expiration:
PRINTED SEAL:
c« « «<ac<cu««<c<cccccc cc<c<c<c « «ccc<c «t <
::?.• "'4 •, Sandra L. Wright c
• :Notary public, State of Florida c
v" Cornmirsion No. CC 553043 <
... hiy Commission Exp. 5/30/2000
' Bonded Through Fla. Noury Service R bonding Co..
7))))7J))))J)T)J ) i)) .`))))))))))))J)7))))))
3 /29 /00LEGAL(WGC /nhm) 2
ATTEST: Jeffrey K. Barton, Clerk
F Xf- W.-MA
Deputy Cl
- .
Approved as to form. and
legal sufficiency:
William G. Collins II
Deputy County Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOARD OF COUNTY
COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
BY�Gi.vL, iJ
Fran B. Adams, Chairman
Date: 4/1 nn
Approved for Public Works
matters:
t-X) '
James W. Davis
public Works Director
The foregoing instrument was acknowledged before me this 11 th day of
Apri 1 , 2000, by Fran B. Adams, as Chairman of the Board of County
Commissioners of Indian River County, Florida who is personally known to
me and did not take an oath.
PRINTED SEAL:
NOTARY PUBLIC
signature:-,- i! ✓�J l ^ —
printed name:
Commission No.:
Commission Expiration:
Sandra L. Wright
<c
g}t
Notary Public, State of Florida
`': ?' • i�% Commission No. CC 553043 <
My Conunission Exp. 5/30/2000 <
' <
. ' bonded ltiough r'!a. kmary Service & Bondin` Co.
Jl)))777))))77)7)JJ7))77J) �
3 129 /OOLEGAL(WGC /nhm) 3
-1,
ATTEST: Kathryn M. O'Halloran, Clerk
B. �
- ���-�-
Dep ty Clerk
Approved as to form and
Iuffici ncy:
`��
City Attorney
CITY OF SEBASTIAN
Walter Barnes, Mayor
Date: '�•Z� DO
Approved for City matters:
erren ' Moore
City Manager
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
fo going instrument was acknowledged before me th day of
2000, by Walter Barnes, as Mayor of the City of Se astian who
personally known to me and did not take an oath.
UNDA M. GALLEY
s` ;= MY COMMISSION # CC 740478
' EXPIRES: June 18 2002
of 011,
c4 a. Boded Thru Notary Public Underwrhars
PRINTED SEAL:
3 /29 /O0LEGAL(W GC /nhrn )
NOTARY PUBLIC
s
pnntea name: / �.
Commission No.:
Commission Expiration: